Jones Day

About: Jones Day is a based out in . It is known for research contribution in the topics: Supreme court & Arbitration. The organization has 118 authors who have published 112 publications receiving 882 citations.

The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal)

Abstract: The Bundeskartellamt cleared the merger between Fresenius Kabi and Fenwal following its Phase II investigation. The merger concerned the healthcare sector and, in particular, the market for…

The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to consumer parcel services with over-the-counter delivery, thus addressing the issue of judicial review (Posten Norge)

Abstract: A lesson on judicial review from the other European Court in Luxembourg* Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg,…

The Court of Congressional Contempt

Abstract: This Article argues that Congress's contemporary practice of certifying instances of contempt of Congress to the U.S. Attorney for prosecution leaves Congress vulnerable to the prosecutorial discretion of the executive branch. Because of this vulnerability, the Houses of Congress should instead resort to the historical practice of ordering their respective Sergeant-at-Arms to arrest the contemnor and bring him to the bar of the offended chamber for trial and punishment. After laying out the need to resort to this common-law practice in certain cases, the Article discusses three procedures by which a modern Congress could punish for contempt: full-scale trial before the entire chamber; delegation of evidence gathering functions to committee; and referral of the matter to a proposed "Court of Congressional Contempt."

Structuring effective real estate outsourcing and preferred provider relationships in the global environment

Abstract: Companies may seek tremendous advantage through the consolidation of corporate real estate requirements with leading real estate brokers or advisors under a comprehensive service arrangement. Such relationships require crafting the business structure and contract provisions to promote the objectives of both parties. The successful outsourcing relationship must begin with the realisation that each customer and service provider deserves a unique set of terms, founded upon mutual understanding and the realities of the diverse markets in which the services will be performed. Where the parties take the time and care to share common expectations, the scope and quality of service can be articulated in a positive and definitive manner to the personnel responsible for performance. Incentives can be aligned to provide a sufficient and competitive motivation for client and advisor alike. Through this process, the agreement can serve as a platform to the mutually beneficial relationship for which the parties had hoped.

Le référé en droit de la concurrence devant le juge de l'Union

Abstract: Quels sont les contours du refere en droit de la concurrence devant le juge de l'Union ? C'est a cet exercice que s'essaie cet article, a travers l'analyse des ordonnances de refere rendues dans cette…